DOJ Sues Virginia Elections Board Over Alleged Violation of National Voter Registration Act

The United States Department of Justice (DOJ) has formally filed a lawsuit against the Virginia Board of Elections and the state Commissioner of Elections, alleging that a state program infringes on federal voter registration requirements. As detailed in a recent announcement from the DOJ, the lawsuit argues that the program violates the “quiet period” provision of the National Voter Registration Act of 1993 (NVRA).

The “quiet period” provision prohibits systematic efforts to remove voters from registration lists within 90 days of a federal election. While states may conduct programs to update or clean up voter rolls beforehand, the NVRA explicitly disallows such activities during this critical time frame as a safeguard against errors and confusion that could disenfranchise eligible voters.

The DOJ’s legal action follows an executive order issued on August 7 by Virginia Governor Glenn Youngkin, which mandated the election board to synchronize its voter list with information from the Department of Motor Vehicles (DMV). According to this order, the intention was to ensure integrity by verifying voter identities through DMV data, which cross-checks against Department of Homeland Security and Social Security databases.

During this process, voters identified by the system were notified and required to confirm their eligibility within 14 days. Failure to do so resulted in their removal from the election lists. Governor Youngkin has defended the program, emphasizing in a press release that the measure was intended to safeguard election integrity for all Virginians.

In its suit, the DOJ is not only seeking to reinstate voters who were erroneously removed but also demands that Virginia implement measures to prevent future violations of the quiet period provisions. This includes issuing mailings to inform voters of their rights, and offering training programs for local officials and poll workers. Assistant Attorney General Kristen Clarke articulated the department’s stance, stating that protecting voters’ rights is pivotal to upholding the nation’s democratic process.

The case highlights ongoing federal efforts to ensure state compliance with established voter registration laws and prevent systemic disenfranchisement, reflecting broader national discussions on voting rights and election integrity. Read more about the DOJ’s lawsuit against Virginia on JURIST.